tv Risk and Reward With Deidre Bolton FOX Business July 7, 2016 5:00pm-6:01pm EDT
>> so stupid but so much fun, if you're 18, 19 years old. where you want to be. thousands of tourists all over the world gather as bulls charge toward a fighting ring with thrillseekers by their side. melissa: that is crazy. that does it for us, here's "risk & reward." >> did hillary clinton lie? >> to the fbi? we have no basis to conclude she lied to the fbi. deirdre: fbi director james comey says hillary clinton did not lie to the agency. congressmen accused clinton of saying one thing to the fbi and the other to the public. this is "risk & reward" i'm deirdre bolton. one of the most intense exchanges came between the director and south carolina representative trey gowdy. here's part of it. >> secretary clinton said there
was nothing marked classified on e-mails either sent or receive. is that true? >> that's not true. a small number of portion markings on three of the documents. >> secretary clinton said i did not e-mail classified material to anyone on the e-mail. there is no classified material. was that true? >> there was classified material. >> secretary clinton said she used just one device. was that true? >> she used multiple devices during the four years of her term as secretary of state. >> secretary clinton said all work-related e-mails were returned to the state department. was that true? >> no, we found work-related e-mails, thousands that were not returned. deirdre: with me now, someone who was in the room, representative steve russell, congressman, thanks for joining me, before i get to the others' q&a, were you satisfied with the exchange that you had with fbi director comey?
>> i expressed an exasperation they think that the american people feel when state secrets are not safeguarded and there's no consequence. i asked director comey if i had a top secret clearance, which i did in the military, and i certainly have that level now as a congressman, if i were an fbi agent, would it disqualify me? and he said that there would be severe penalties, and then i also asked him if it would be -- would i be the most suitable candidate for promotion or for increased responsibility? and he stated that it would have a serious detriment to that consideration. and so here we are. the american people are exasperated there's no consequence. deirdre: so congressman, for those who were not watching for whatever reason during that particular part. it was riveting. i'm going to play your exchange and i have a follow-up question. here it is. >> what consequence -- this is what the american people feel
exasperated about. there seems to be no consequence. so in a case like this, if it's not going to be criminal charges recommended, what are the american people to do to hold their officials accountable if maybe they shouldn't be trusted for further promotion and higher responsibility? >> what i meant earlier, that's not a question the american people should put to the fbi director. deirdre: i heard you say you were frustrated by that. what is the next best step forward because you raise an important point. >> well, i think the key thing now is she did testify under oath to congress. director comey determined in their exchange and investigation, that several points mr. gowdy laid out and we all asked were not true, according to the testimony. now, director comey said they did not look at a referral from congress on that testimony.
i think we'll see some of that as the next step, a comparison. whether it was willful or gross negligence or extreme carelessness, everyone grease there should be consequence. my question to the american people and to director comey today, what is it? deirdre: congressman, thank you very much. congressman russell there with me. he was in the room and had that exchange as you saw with the fbi director comey. well, speaking of comparison, there are those who say hillary clinton said one thing to the fbi and another to the american public. we did a fact check. here it is. >> nothing that i sent or received was marked classified, and nothing has been demonstrated to contradict concern matters that were classified at the top secret special access program at the time they were sent and received. >> i thought it would be easier to carry just one device for my work and for my personal
e-mails instead of two. >> secretary clinton used several different servers and administrators of those servers during four years at the state department. and she also used numerous mobile devices to send and to read e-mail on that personal domain. >> the system we used was set up for president clinton's office, and it had numerous safeguards and there were no security breaches. >> it is possible that hostile actors gained access to secretary clinton's personal e-mail account. >> did you try to wipe the whole server? >> you know, i have no idea. that's why we turned it over. >> you were in charge of it, you were the official in charge. did you wipe the serveer? >> what, with a cloth or something? >> possible there are other work-related e-mails they did not produce the state, that we did not find elsewhere and they're gone. they deleted all e-mail they did not produce to state and
lawyers precluded recovery. deirdre: steve forbes with me now. always good to see you. >> good to see you, deirdre. deirdre: you have been watching and listening all day along with us. what is your sum total opinion on what happened from let's say for the four hours, more or less, in the hearing and comments from the congressmen in the room? >> what you played earlier is going to be in tv ads and radio ads between now and november. what she said clearly, what the fbi director said, for political reasons, who knows what they were, they decided not to indictment plenty of grounds to do, it but he chose not to do it. authorities chose not to do it. in terms of a political fallout, it is devastating. her own words, his words, stark contrast. deirdre: so steve, picking up on the contrast. comey said she did not, hillary clinton did not lie to the fbi.
as an american citizen, do you think she lied to the people? >> she obviously lied to the people, and you got the evidence there. video evidence of it. audio evidence of it. and she knows that even if she wasn't under oath, you lie to a federal official, federal agent. that is a criminal offense. so someday maybe we'll see what she said on that saturday. the 3 1/2-hour interview, we haven't seen a transcript of that. but unless she said i don't recall, she could still be indicted. >> i want to interject there. comey as you know was asked about that, asked if there was an audio transcript, audio recording to which he said no. it is customary to have note takers. people who are there, the agents, taking notes as they go into conversation. what do you think of this idea, chaffetz proposed that maybe the fbi looks again at the previous hearing that hillary clinton had in that room about benghazi and see if there are
contradictory statements there? >> you can find contradictory statements, but what comey did, director comey did just 24, 48 hours ago means the government is not going to do anything. maybe the next president can do a special counsel. maybe they can have hearings in congress. subpoena her, unlikely to go through, subpoena her and say how do you square the circle of contradictions? and she'll refuse it. so you have another campaign issue. but what she hopes is this will die. it's summertime, convention is coming, post convention, fade in the mist with. that video, it's not going to fade in the mist. deirdre: steve, you ran for president. what do you think her chances are of having any kind of vote of trustworthiness among democrats? >> it's zero. that's why you're going to see an intense attack on donald trump in terms of suitability,
temperament for the office. the only way she can win is to tear him down so he's seen as less attractive than she is. that's the only way she can win. she's lost the trust. no one would trust her. deirdre: a fiery summer season. >> yes, it is, and fall. deirdre: and fall, indeed. steve forbes, thank you, good to see you. >> thank you. deirdre: another intense moment from today's hearing. texas representative will herd and fbi director comby. here it is. >> so the former secretary of state, one of the president's most important advisers on foreign policy and national security had a server in her basement that had information that was collected from our most sensitive assets and not protected by anyone, and that's not a crime? that's outrageous! people are concerned. what does it take for someone to misuse classified information and get in trouble
for it? >> it takes mishandling it and criminal intent. >> so an unauthorized server in the basement is not mishandling? >> no, there is evidence of mishandling here, this whole investigation of the focus is there evidence of intent. deirdre: co-chair of donald trump's super pac ed rollins is with me now. you know washington inside and out. have you decades of experience. you have seen anything quite like this? >> i haven't. first of all, a very credible witness. i think we're very lucky to have him as director of the fbi. and some republicans don't like the decision he made, but i'm sure in good conscience he did what he thought was right. today he was forceful, he answered the questions and the critical thing here she has to worry about is did she tell a different story to the congress than the fbi. they'll get those documents and
compare them. one of my colleagues in the white house, mike deever, the deputy chief of staff got caught on the same thing where he told the fbi one thing, told congress a different thing and was charged with perjury. i don't think that's going to happen. but the bottom line as steve said, 70% of the country does not think she's honest. this reinforces that, and may turn out like either one of the candidates very much but at the end of the day, it certainly gives donald trump an opportunity to pound her effectively. i hope we don't get totally distracted on the issue and stay on the economy and stay on creating jobs, stay on fighting terrorism, which is what most people care about. deirdre: that is true indeed. for november. i want to call your attention to a recent fox poll. it backs up what you know, maybe our viewers don't. 58% of registered voters said the word corrupt describes hillary clinton, 30% say honest
and trustworthy. so this really points out the opportunity for donald trump. >> absolutely. deirdre: what does this mean as far as next steps? i heard you say unlikely there will be further legal action against her, but as far as the campaign goes, she criticized donald trump for not having the right temperament does. this boomerang back to her as far as judgment goes? >> i'm not running his campaign, and obviously running the super pac i can't advise him. if i was advising, what i would argue is here's how you make your case. you stay very much on message and don't get distracted. the message is she had charge of the most important documents in the u.s. government. the state department, highest-ranking top secret documents and she carelessly showed them to other people who doesn't have classified clearances, the whole nine yards. not casual reading the morning newspaper. these are serious cables and documents, and obviously she can't control or have the
judgment to make that control, to a certain extent, it's indictable by the american public by not electing her. deirdre: ed, some people in the room today wanted to play devil's advocate. it was a political meeting, of course, and one congressman held up a book from former secretary of state, colin powell, which he describes how he had a laptop, he had a private line. how he sent e-mails and one of the congress people said hey, how come secretary of state colin powell never had to go before a committee like this and answer questions? >> no evidence of him to the extent she did. and no evident having done it for four years, he didn't know much about -- many of us, didn't know about computers and what have you, he was trying to get on top of it. i don't think you can compare it in any way, shape, or form. my days in the white house, you had to turn in every document when you left.
keep records, couldn't destroy documents. there's so many things she didn't do properly. the pattern is to cover everything up and make sure nobody has asaccess to the documents. deirdre: ed, thank you for your time and insight. ed rollins with me there. next guest says hillary clinton can still be prosecuted because of inconsistencies, that conversation is coming your way. v
. >> given that assessment of the facts, my understanding of the law, my conclusion was and remains no reasonable prosecutor would bring this case. no reasonable prosecutor would bring this second case in 100 years focused on gross negligence. and so i know that's been a source of confusion for folks. that's just the way it is. deirdre: fbi director comey
first testifying that hillary clinton could be found guilty of gross negligence and nothing more. later, when pressed, he changed his tune. here are the clips. >> false exculpatory statements are used for what? >> either for the substantive prosecution or evidence of intent in a prosecution. >> exactly. intent and consciousness of guilt, right? is that right? consciousness of guilt and intent. deirdre: my political power legal panel is here. former prosecutor alex kincaide, and attorney aaron ehrlich. welcome to you both. alex, you said hillary could have been prosecuted on what grounds and why wasn't she? >> well, she could have been prosecuted for violations of multiple statutes, deirdre. there's this focus on intent and now we hear comey saying
this morning, yes, maybe the facts did fit the crime but no prosecutor would follow through because of the little notion of prosecutorial misconduct. i've been practicing criminal law for almost 20 jeers and i have used prosecutorial discretion and i have seen it used on numerous occasions, and this is the antithesis of a situation where that discretion should be used to show lenience to somebody. she has violated national security statutes that have a low standard, not intent, but negligence on multiple occasions, hundreds of occasions as it is, and nothing is done about it. so it's not a situation where an attorney ordinarily would say i'm not going to go forward with this. there is a violation of public trust. violation of the security of this country. she should be charged and minimum put to a grand jury. deirdre: erin, you heard alex's opinion.
i read both sides of everything, if one thing that has come up is that the quiet little c was not marked confidential enough. she was in 100 countries over x amount of time. there's a lot of volume and maybe she wasn't as sophisticated as the term was used. >> i heard that phrase. sophisticated. she blatantly disregarded or so unsophisticated she doesn't know what is classified when she's in charge of knowing that? deirdre: erin, what is your opinion? >> my opinion is director comey has a reputation of being a straight shooter. reputation of having moral compass in the north direction. if he says straight-faced to congress that there was no evidence of intent, we need to accept that. we need to accept -- >> except the american people disagree with him. >> that's what the election is for. >> that's not what the
selection for. that's what the grand jury is for. >> absolutely no precedent for someone being charged under this statute based upon gross negligence. >> i want to keep it in a legal framework. >> absolutely. let me finish, please. there was always been an evidence of intent, intent to violate the classification laws, or the statute says gross negligence. >> and people died trying to protect the country. deirdre: james comey said in the past 100 years, you have to go back to 1917 to have the distinction made. >> and that case, that one case that you are referring to, there was never even -- it wasn't litigated to conclusion, so a prosecutor, consideration isn't just whether there's a prima facie showing for indictment. about a successful path to a
conviction. >> there is overwhelming evidence for a conviction in this case. deirdre: last question to you, i want to ask you this, what about hillary clinton's lawyers? could they be charged for destroying property? >> i think that destruction of evidence doesn't pass the smell test. those lawyers should not have been allowed to handle the property number one. the fbi should have seized it immediately, rather than relying the person who is the defendant and her lawyers to turn that information over. what we saw was the obvious outcome and why evidence is seized in the first place rather than leaving it up to the criminal. so yes, evidence was destroyed and the lawyers should be questioned about that. this is a situation where they should be prosecuted as well. >> i do agree with that. deirdre: needed both your legal minds here. appreciate it. fbi director comey saying today
hillary clinton was not sophisticated enough. we just talked about this, to understand the classification system. colonel ralph peters does not see how that is possible. he is with me next. ♪ [announcer] is it a force of nature? or a sales event? the summer of audi sales event is here. get up to a $5,000 bonus on select audi models.
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>> i just want to take one of your assumptions about sophistication i don't think it established. >> isn't she an original classification authority deirdre: one issue at the heart of the hearing how much of former secretary of state did she understand about maintaining confidential information. >> you are suggesting that a long length of time she have no idea what a classified market would be,. >> it's an interest -- it's an interesting question. >> so you're saying the former secretary of state is not sophisticated enough to understand classified marking?
>> the former secretary of state one of the president's most important advisors on foreign-policy and national security have a server in her basement that had information that was collected from the most sensitive assets and it was not protected by anyone and that's not a crime? >> the author of the dance. ralph peters is with me now. a former secretary of state a former first lady, and lawyer couldn't distinguish classified e-mails. there are some people that find that very difficult to leave are you one of them? >> i find it impossible to believe. this digs like a dead skunk by the side of the road in the summertime. director comey testimonies it was was starting to come apart today. he maintains that gravitas.
but what he actually says was contradictory when it comes to the basic level of classification i have studied's classified documents for almost 20 years you know what they are. it's not like in the movies where there is a header or footer. each paragraph and subparagraph has a classification in it sounds like they were purposely stripping off the headers, purposely stripping off the paragraph markers and they missed some peered there was clearly intent. and even if you strip that deirdre: can i stop you there. one of the congressman happens to be a congressman. he held up what is in the fbi best practices pamphlet and it does have confidential written across the top but in these e-mails that she either read, sent or responded to
supposedly the sea and purser indices was at the bottom and it was made at the volume of e-mails that she would be reading through it would make it easy to miss. >> note just plain wrong. classification markings have to be legible. if she could read the words she could not have missed the classification marking. it's right at the getting of the paragraph. deirdre: i know i've been slightly annoying. what was displayed by the democratic congressman was some protocol wasn't followed so that it wasn't clear to her. that was the implication. >> as you said yourself with all of her back regina she was briefed on classification again and again and again. in the codeword information
with the special access programs that has classification markings, it has more jewelry on it than a queen. you can't miss the stuff peered it's all over. even if you strip out all of the classification markings you still and of no by the content. you learned this is cia this is how they do it. if you see the message you know it's unique it could only come from that particular program. liar liar pants on fire. as you know i'm an independent i'm not favoring candidates here but this is a travesty, a miscarriage of justice and i hope that congress pursues it. deirdre: house speaker paul ryan said that if she becomes president that she should be denied access to confidential information.
>> you cannot do that because the president is the ultimate classification authority. he is right in principle because have i done a fraction of what she have done i probably would have gone to prison. i certainly would have access to classified information for the rest of my life. that is just how it is. i've seen people lose their clearances over trivial mistakes. we are strict about it. she knew. she chose to ignore the legalities of it. this is open and shut. i think director comey who i have always respected, this stinks a politics for me. deirdre: think you ever so much. we are glad you are here. >> it says that e-mail exoneration is proof. more on the length. we are back in just a few minutes.
...and everything autosyncs. those sales prove my sustainable designs are better for the environment and my bottom line. that's how i own it. >> look me in the eye and listen to what i'm about to say. i did not coordinate that with anyone. the white house, the department of justice nobody outside the fbi family had any idea what i was about to say. i say that under oath and i stand by it. there was no coordination, i want to make sure i was definitive about that. deirdre: fbi director james comey said there was no
coordination with anyone in his decision to recommend no charges others question. >> hillary said i would reappoint the attorney general. and you are waiting for the decision by the attorney general. and you said you're going to give her a job. we are not allowed to do that. that is bribery. >> people both retired and inside the fbi the world of how this could happen. how these decisions could be made this plane to be how the president of the united states knew it was okay to be with her. there is no way you could put that president together with hillary if you didn't know she was going to get cleared. deirdre: here is the breakdown of the timeline of these events leading up to her exoneration. the private plane meeting with the president. she was quickly questioned by the fbi.
the director recommends no charges. hours later clinton jumps on air force one. they accept the recommendation of no charges. all of this happened in a span of just nine days it's important to note these events clear clinton's biggest hurdle just 18 days before the start of the democratic convention. my political power plan on is here. -- power panel is here. welcome to you all. christie, what is your view? did the dnc want us all wrapped up in a bow before the convention? >> of course, they did. there was still in no coordination you still have to listen to james comey when he tells you that he didn't coordinate with anyone. just because they wanted it to be wrapped up quickly and it happened to be wrapped up
quickly does it mean there was some weird conspiracy thing going on here. remember, until this week republicans were seen james comey prices. he was a straight shooter. he was a republican he is ever public and appointed fbi director. and by the way remember that they served tenure terms just to avoid this appearance of partisanship or impropriety. so i really think the pretty big stretch those that are questioning the timing of this. suddenly he's not there guy. deirdre: i think what was confusing to a lot of people and i'm sure gina will speak to this, that james comey presented a lot of facts that seem to indicate something other than his final per mountain are of no charges. what is your opinion? >> yes, when director comey spoke he laid out all the things that hillary content did wrong that were against
the law against the rules. she have a rogue server which is on authorized against the rules. she exposed our nation's secrets which puts our entire country at risk and she lied about it. he highlighted and confirmed all of those things and he said but that's okay, she was reckless and extremely careless but we will give her a pass. that is just completely unacceptable. that shows we have a rigged system where some people who violate the rules go to jail and others do not. it's really disappointing. deirdre: what does that mean for the election in the sense that hillary clinton has in the past and after donald trump same he saying he doesn't have the temperament and he doesn't have the judgment to be a good leader . what does this mean to you for november? >> while people are looking at this insane, --dash, lifelong bureaucrats investigating lifelong insider elitist politician and he wonders to me.
virtually every single pole with independents because other people that are not already locked-in to the republican or democrat days and so it doesn't surprise me at all. i think the average guy on the street is looking at the same if this was a jim smith of birmingham alabama, they would have busted the door down they would've confiscated his stuff, they would have detained him indefinitely and they would've sat by the pool three hours on the day before the fourth of july and then the decided groups, no problem. deirdre: there is no sense to real people that has been clearly mirrored and recorded. there is another side as well. thank you all for being here. he said today if hillary clinton was one of his agents that she could face termination.
>> people both retired and inside the fbi basically is not understanding how this could happen. everyone had and often -- an awful lot of faith in james comey and if he couldn't have done this in my personal opinion he should have resigned. deirdre: that was former fbi director. his response. in an on turn he said if he was an fbi employee she would probably be punished. >> you would expose an employee of an fbi.
>> david clark is with me now. thank you for the time. do you see a double standard here. >> attorney general loretta lynch handed james comey a crap sandwich but it doesn't mean he have to take a bite out of it. james comey has been around washington dc from on time for a long time and he knows politics. if she would've done that to me i would've said there is too much politics in this decision here there's too much at stake. i'm going to make a decision as to what charges. you can make this decision. deirdre: i think we should underline your response and put some lights around it. this was a break in protocol and i don't think people really know it as you do in the sense that systematically that would be the normal
course of action that the fbi director makes a recommendation to the u.s. ag or just hands over the facts and then it is the u.s. ag who decides whether to pursue or not. >> i also find it hard to believe that there was no discussions on a case this big. the attorney general is in charge. there's no way a case this big there's not some talk going on. i'm saying they never had any discussion as to how this investigation was going so now there's a cloud of suspicion not only the united states department of justice but also the fbi. i'm a little disappointed that fbi director, james comey wasn't a little smarter than this when it came to this decision. he should've stayed away from this. he should not have got against breathing distance from this. here is what we have. you make the decision. and he could of said publicly after he said i'm going to
rely on the fbi director's recommendation here that never happens. i've never had any prosecutor at any level ever say to me and i have investigated everything from homicide to burglary to you name it i've never had a prosecutors say prosecutor say detective clark or sheriff clark i'm going to leave it up to you as to whether criminal charges should be issued. it just doesn't pass the smell test. deirdre: thank you for pointing out to the irregularity. it does stick out. please stay with me i want to get the viewers up to speed on something that's happening right now. there is a hospital in san francisco that is on lock down. there are reports of a barrel bomb inside. police are currently at the scene. boom it sounds were heard followed by a fire alarm. we will bring you the latest. mark zuckerberg has donated
quite a bit to this hospital in fact his name is on one of the wings. we will keep you up-to-date on the safety and security of the people inside. >> one shooting was streamed on facebook life we have a clip of this very disturbing that he appeared sheriff clark will be back with me. he's gonna tell me how he understands it from the point of view of law enforcement. >> i wanted everybody in the world to see what the police do and how they roll. it's unacceptable. i didn't do it for pennies i didn't do it for fame. these police are not here to protect and serve us. you both have a
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deirdre: shooting streamed on facebook live. we do have a clip of the video it is disturbing. it might be hard to watch. if your children in the room you should send them out now. >> he just shot his arm off we got pulled all --. please don't tell me he's dead. the passenger in the car claims that she and her boyfriend were pulled over for a broken taillight before her boyfriend was shot. he let the officer know he was armed and licensed to carry. she said he was shot four times after reaching for his wallet when he was prompted to do so by the officer. the victim has since been confirmed dead hundreds of protesters are outside the
house. back with me milwaukee county sheriff david clark. from the point of view of law enforcement how do you see this the disclaimer is i watched the whole thing. it is really upsetting. >> sure it is, i'm going to revert back to what i always do in the situation. it's early in the investigation. i will exercise that discipline. we know there is a video out there. there was a police intervention and something obviously went horribly wrong in this situation. but until the facts come out i want to be careful with what i say at this point. deirdre: even with the video sheriff? >> i'm still tired of this phony outrage. that is okay for people to do but i tell you what the people that i see in milwaukee the stuff that goes on in
milwaukee. there is no outrage there. and then an individual meets this tragic situation here and i feel bad for the family but i don't know what happen. i feel bad for the officer as well. the phony outrage i had have it with that nonsense. >> i just want to say that the governor is calling for an investigation. here is our legal eagle. >> i'm in a very bad position. you have to let the federal government to handle this. loretta lynch and the attorney general attorney general office will be investigating this. obviously this is the type of proof that evidence that any lawyer representing the police officer is can consider damning evidence. if what she said is accurate the point that it actually takes place he declared it. i have a reppert.
-- i have a weapon. there are procedures that are supposed to be followed. whether they were followed remains to be seen but certainly no one is getting pulled over for broken taillight is supposed to be dead in moments. deirdre: on this follows a shooting as well the shooting in louisiana. i don't think ultimately it means much. but obviously the department of justice is going to take the cases as serious as any other case and we will see where we wind up at the end of the investigation. deirdre: thank you we will be right back. he has a sharp wit. a winning smile. and no chance of getting an athletic scholarship.
the hospital floor by floor. they heard a boom sound followed by a fire alarm. we will bring you the very latest and keep you up-to-date with the safety and security of the people inside the hospital. thank you for joining us. making money with charles payne starts now. >> nasdaq was higher. we have a prejob report full of anxiety of course. there was some rubbernecking of course. speaking of which mr. trump goes to washington. it all didn't go as planned. we will tell you about it. hillary clinton has a plan for free college tuition. but it probably gets burning on board. first of all fbi director, james comey testifying on capitol hi t